Worried about local control, Boulder to oppose homeless 'right to rest' act

Homeless advocates want more debate about city's role before Legislature

Albert Gross sleeps at the Glen Huntington Bandshell in Boulder's Central Park on Wednesday. The city of Boulder is opposing the "Colorado Right to Rest Act," which would give people the right to sleep in public places. (Jeremy Papasso / Staff Photographer)

When state legislators resume debate Monday on a bill that would protect the right of homeless people to sleep outside and in their cars, Boulder will be among the groups opposing the legislation.

The "Colorado Right to Rest Act," supported by many homeless advocates and civil libertarians, explicitly seeks to roll back local ordinances that they believe criminalize homelessness.

"Cities throughout Colorado are enacting laws that criminalize basic acts of survival such as sleeping, sitting, loitering, sleeping in a legally parked vehicle, having a reasonable expectation of privacy in personal property, storing belongings, asking for help and using a blanket to cover oneself in a non-obstructive manner regardless of outside temperature," the bill's legislative findings read.

"Such laws result in people in Colorado being criminally punished for doing what any person must do to survive."

The bill, HB 15-1264, would give people the right to sleep in public spaces and protect themselves from the elements in a "non-obtrusive" manner, as well as the right to sleep in a legally parked car, the right to eat, drink and share food in public places where food is not prohibited, and the right to use public spaces without time limitations.

It allows people who believe their rights have been violated under the law to sue cities for up to $1,000 in damages per violation, plus attorneys' fees.

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Boulder's anti-camping ordinance doesn't bar people from sleeping outside, but it does bar them from using any shelter when they do so, including blankets or sleeping bags. It's also illegal to sleep in a car, unless it is on private property with the property owner's permission.

Boulder officials say the city's ability to pass laws controlling public spaces is an important principle of home rule.

"If this statute passed, the city would probably be challenged at least on its camping ordinance and probably on its park closures," City Attorney Tom Carr told the City Council earlier this week. "It seems intended to prevent municipalities from passing ordinances intended to control public spaces. Those ordinances were all adopted through the public process."

'Protect the human rights of human beings'

Some Boulder homeless advocates are upset that the city has taken a position on the Right to Rest Act without any public debate.

A homeless man who declined to give his name plays guitar while panhandling on the corner of Broadway and Canyon Boulevard in Boulder on Wednesday. (Jeremy Papasso / Staff Photographer)

"Laws that target certain groups of people are discriminatory," Joy Redstone, a social worker, college instructor and activist, said at a City Council meeting this week as she asked the city to not take a position on the legislation without discussion. "I'm sure we all agree that discrimination is repugnant and antithetical to the values we hold as a city. Does anyone here think that a person sleeping outside the Apple store or a Black Friday sale would get arrested?

"The Right to Rest Act does not prevent police from intervening in any criminal activity like trespassing, aggressive panhandling or blocking sidewalks," she said. "What it does do is protect the human rights of human beings."

"We don't want these people criminalized for doing the basic things they need to do to stay alive, and that's what's happening now," she said.

Nikhil Mankekar, a member of the Human Relations Commission, said the commission would like to hold meetings to collect public sentiment on the homeless issue, which hasn't happened since 2012.

While the commission did not take a position on the Right to Rest Act, Mankekar said Boulder's positions at the state should reflect the city's values.

"When it comes to representing the city on a state level, it's good to be really specific," he said. "If the city's position is to advocate for local control, that should be specified as the reason why the city is backing or not backing a piece of legislation and just make sure the messaging represents the values of the city."

The city's formally adopted legislative agenda doesn't address the Right to Rest Act, but it does call on the city's lobbyists to oppose threats to local control.

'People would be up in arms'

Boulder officials said the bill represents just that kind of threat and would prevent the city from being responsive to concerns about behavior of some homeless people in public spaces.

"If there were more time, I would be willing to embrace the public discussion," Councilman Tim Plass said. "I just think that it's really important that we protect our ability to chart our own course. We've tried to find that balance between providing a lot of services, but the flip side is that we hear a lot from our community about behaviors.

"In Boulder, we try to strike a balance. We've arrived at that place through a democratic process, and I do worry that this homeless bill of rights would undermine that."

Councilman Macon Cowles said the bill could allow open camping in city parks and on open space.

"People would be up in arms if people starting camping on open space and in our parks with the city unable to do anything about it," he said.

Councilman Sam Weaver noted that state law prevents Boulder from implementing rent control or a higher minimum wage, two measures that might ease the shortage of affordable housing.

City Council members said they support Senior Assistant City Attorney Kathy Haddock testifying Monday against the bill at the Colorado House Committee on State, Veterans and Military Affairs.

The bill faces several hurdles to adoption. First it must make it out of committee, then survive two votes in the House before heading to the Senate, all before the session ends May 6.

Councilwoman Suzanne Jones said the bill raises strategic issues of where Boulder should use its liberal credentials. The Colorado Municipal League wants Boulder to oppose the Right to Rest Act, whereas it has asked Boulder to sit out other fights and not supported other local control issues important to Boulder.

"There are a lot of sensitivities out there about where we lend our weight or hold back," she said. "I think there needs to be a larger strategy about how we play ball and how we decide to use our political chits to get what we need."

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